Johnson v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Tarrant. Tried below before Hon. Robert G. Johnson, County Judge. Appellant was convicted upon an indictment for playing at a game of cards in a public place, and his punishment assessed at a fine of $10.
1Opinion of the Court
HESDERSOR, Judge.
Conviction for playing cards in a public place. Appellant interposed a plea of former conviction. There is no evidence in the record. We are not aware whether there was any evidence adduced upon the trial in support of the plea. If there was not, it was not the duty of the court to submit the plea to the jury, and hence no error in the jury not finding upon the plea.
The motion for continuance can not be considered in the absence of the facts.
The fact that one of the jurors who tried the case was on the grand jury which presented a bill charging appellant with a similar…
2Cited by5 opinions
- State v. RileyWest Virginia Supreme Court · 1966
- Lindley v. StateCourt of Criminal Appeals of Texas · 1909
- State v. CreechleyUtah Supreme Court · 1904
- State v. RileyWest Virginia Supreme Court · 1966
- State v. RileyWest Virginia Supreme Court · 1966